Florida's "Stand Your Ground" law states that a person is entitled to “use deadly force if he reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself,” according to the order.

Judge Milton Hirsch denied the motion Thursday because he said witnesses did not give consistent stories.

“Crucially, no one can testify to the events immediately preceding Berry’s being stabbed,” Hirsch said.

Hirsch also said that Wyche did not provide enough evidence to prove he was justified to use such force.

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“We are excited and we’re happy that the judge made the decision not to throw the case out,” Berry’s mother, Melisscia Spillman, said. “All we really wanted was a fair chance, so with this going to trial, that’ll give us a chance.”